UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/752,419
`
`02/ 13/2018
`
`Yoshitaka Shinyashiki
`
`P180066US00
`
`3364
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`
`TYSONS, VA 22182
`
`HENSHAW MARY G
`
`1723
`
`PAPER NUMBER
`
`NOTIFICATION DATE
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`DELIVERY MODE
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`06/12/2020
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`patentmai1@ whda.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/752,419
`Examiner
`MARY G HENSHAW
`
`Applicant(s)
`Shinyashiki etal.
`Art Unit
`AIA (FITF) Status
`1723
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`1). Responsive to communication(s) filed on 03 February 2020.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)[:] This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
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`4):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s)
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`1 and 3—6 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
`
`
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`[:1 Claim(ss)
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`is/are allowed.
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`Claim(ss) 1 and 3—6 is/are rejected.
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
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`10)|:l The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 03 February 2020 is/are: a). accepted or b)[:] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:i All
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`b)C] Some**
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`c)C] None of the:
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`1.[:] Certified copies of the priority documents have been received.
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`2C] Certified copies of the priority documents have been received in Application No.
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`SD Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
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`1) [3 Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 24 April 2020.
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
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`Part of Paper No./Mai| Date 20200605
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 2
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
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`Continued Examination under 37 CFR 1.114
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`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
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`1.17(e), was filed in this application after final rejection. Since this application is eligible for continued
`
`examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the
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`finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's
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`submission filed on 03 February 2020 has been entered.
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`Response to Arguments
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`First, applicant argues that neither Sasakawa (US 20130059184 A1) nor Yamamura (JP
`
`2008091268 A) teaches the newly amended features of Claim 1 regarding the U-shape of the electrode
`
`leads. This argument has been considered, but is moot because it does not apply to the references being
`
`used in the current rejection of Claim 1.
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`Second, applicant argues that the skilled artisan would not be able to achieve the purpose of
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`Yamamura’s invention with applicant’s claimed structure of assembly blocks. This argument has been
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`fully considered, but is not persuasive. Applicant asserts that dividing the electrode terminal in the width
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`direction and installing the divided terminals on the upper and lower surfaces of the current collector
`
`foil laminate in order to allow for the use of ultrasonic welding is ”not achievable with the invention as
`
`now claimed”. Applicant provides no further evidence or reasoning to suggest how or why a structure of
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`Yamamura is not achievable with the instant invention. Further, in the instant specification [0028], the
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`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 3
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`applicant suggests using ultrasonic welding in order to bond the leads (akin to the current collector foils
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`of Yamamura) to the terminal.
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`Response to Amendment
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`Replacement drawings were received on 03 February 2020. These drawings are acceptable, and
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`as such, the objection of record to the drawings is overcome.
`
`In view of applicant’s amendments to previously objected Claims 1, 4 and 6, the claim objections
`
`of record are overcome. However, the amendments to Claim 1 introduce new issues under 35 U.S.C.
`
`112(a) and 112(b).
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out
`and distinctly claiming the subject matter which the inventor or a joint inventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claims 1 and 3-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
`
`Claim 1 recites the limitations ”the first positive leads or the first negative leads” in line 23 and ”the
`
`second positive leads or the second negative leads” in line 26. There is insufficient antecedent basis for
`
`these limitations in the claim. The examiner will interpret ”the first positive leads or the first negative
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`leads” that ”extend from the first electrode assembly block” as each of the positive or negative leads
`
`previously defined in lines 3-9 of the claim, specifically those that extend from the first electrode
`
`assembly block and ”the second positive leads or the second negative leads” that ”extend from the
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`

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`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 4
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`second electrode assembly block” as each of the positive or negative leads previously defined in line 3-9
`
`of the claim, specifically those that extend from the second electrode assembly block.
`
`Claim 6 is additionally rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
`
`The language of the claim is unclear because the claim seems to allow for a distance between the width
`
`of the cut being a distance between the positive leads of the first electrode assembly block and the
`
`negative leads of the second electrode assembly block. In view of the specification this does not make
`
`sense because the width of the claimed cut separating the first inter terminal portion and the second
`
`inner terminal portion is a distance between (1) the positive leads of the first electrode assembly block
`
`and the positive leads of the second electrode assembly block or (2) the negative leads of the first
`
`electrode assembly block and the negative leads of the second electrode assembly block. In order to
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`overcome the rejection, the examiner recommends rewording the claim to recite ”... a width of the cut
`
`is a distance between the positive leads of the first electrode assembly block and the positive leads of
`
`the second electrode assembly block or a distance between the negative leads of the first electrode
`
`assembly block and the negative leads of the second electrode assembly block.”
`
`Claim Rejections - 35 USC § 103
`
`Claim 1 and 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Sasakawa
`
`(U520130059184A1) in view of Yamamura (JP2008091268A and its previously provided machine
`
`translation) and Okada (JP2002329493A and its previously provided machine translation), all of
`
`record.
`
`Regarding Claim 1, Sasakawa teaches a stack-type battery (see figure 12) comprising: a casing
`
`(case 1); a stacked electrode assembly housed in the casing and comprising a plurality of stacked single-
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 5
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`plate cells (electrode group 2), each comprising positive and negative electrodes (positive electrodes 3
`
`and negative electrodes 4) stacked with a separator (separator 5) therebetween; a positive terminal
`
`(positive electrode terminal 14) to which positive leads (positive electrode tabs 6) extending from the
`
`positive electrodes of the single-plate cells forming the stacked electrode assembly are connected; and a
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`negative terminal (negative electrode terminal 13) to which negative leads (negative electrode tabs 7)
`
`extending from the negative electrodes of the single-plate cells forming the stacked electrode assembly
`
`are connected, wherein the stacked electrode assembly is divided into first and second electrode
`
`assembly blocks in a stacking direction, wherein at least one of the positive and negative terminals
`
`comprises a first inner terminal portion to which the leads of the first electrode assembly block are
`
`connected, a second inner terminal portion to which the leads of the second electrode assembly block
`
`are connected (see below annotated figure 12 showing first and second electrode assembly blocks and
`
`their respective inner terminal portions), and an outer terminal portion (head part 13a and shaft part
`
`13b of the negative electrode terminal 13) continuous with base ends of the first and second inner
`
`terminal portions and extending outside the casing (see figures 12 and 13), the at least one of the
`
`positive and negative terminals having a T- shaped side profile formed by the first and second inner
`
`terminal portions and the outer terminal portion (see annotated figure 13) wherein the first inner
`
`terminal portion and the second inner terminal portion are opposite each other in the stacking direction
`
`of the stack-type battery (see below annotated figure 12, noting that the first and second inner terminal
`
`are extending in opposite directions parallel to the stacking direction of the battery).
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
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`
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`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 7
`
`Sasakawa does not teach that the first inner terminal portion is separate from the second inner
`
`terminal portion in a width direction of the stack-type battery. However, Yamamura teaches a stack-
`
`type battery comprising a terminal with an outer terminal portion (terminal 13) which is connected to a
`
`first inner terminal portion (first portion 114c and second portion 114d) and a second inner terminal
`
`portion (third portion 114e and fourth portion 114f) that are separated from each other by the slit $1 in
`
`a width direction (see for example figure 10). It would have been obvious to one of ordinary skill in the
`
`art as of the effective filing date of the claimed invention that a slit or gap could be formed between the
`
`inner terminal portions in order to reduce breakage for perforation of the current collector foils (114)
`
`that form the terminal when performing ultrasonic bonding (see [0033] of Yamamura).
`
`Sasakawa also does not teach that the positive leads or the negative leads extending from the
`
`first electrode assembly block of the stacked electrode assembly extend in a substantially U-shape and a
`
`bottom portion of the substantially U-shape protrudes toward a first side in the stacking direction.
`
`Sasakawa also does not teach that the positive leads or the negative leads extending from the second
`
`electrode assembly block of the stacked electrode assembly extend in a substantially U-shape and a
`
`bottom portion of the substantially U-shape protrudes toward a second side in the stacking direction,
`
`wherein the first side is opposite to the second side in the stacking direction.
`
`However, Okada teaches electrode leads (lead parts 5 and 8) protruding from a stacked
`
`electrode assembly (positive electrode sheets 1, negative electrode sheets 2 alternately laminated on
`
`both sides of a separator 3) to connect the electrodes to the appropriate terminal inner portion (portion
`
`of external terminals 6 and 9 contained by the sheathing material 4) in a substantially U-shape (see
`
`figures 1-3). It would have been obvious to one of ordinary skill in the art as of the effective filing date of
`
`the claimed invention to modify the direction and shape of the electrode lead protrusion of Sasakawa
`
`such that the leads have a U-shape as in Okada in order to utilize the terminal as a support for the casing
`
`material of the battery (see Okada [0003]-[0004]).
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 8
`
`Regarding Claim 3, Sasakawa further teaches a cover member (case 1) is provided so as to cover
`
`a region where the leads extending from the stacked electrode assembly are connected to the at least
`
`one of the positive and negative terminals having the T-shaped side profile, the cover member having
`
`formed therein a through-hole through which the outer terminal portion (head part 13a and shaft part
`
`13b of the negative electrode terminal 13) is inserted.
`
`The examiner notes that while the broadest reasonable interpretation of the claim includes the
`
`casing of Sasakawa, Okada also teaches a cover member (see figure 1) provided so as to cover a region
`
`where the leads (electrode lead portions 5) extending from the stacked electrode assembly (positive
`
`electrode sheets 1 and negative electrode sheets 2, separator interposed therebetween 3) are
`
`connected to the at least one of the positive and negative terminals (external terminal 6), the cover
`
`member having formed therein a through-hole (slot 12) through which the outer terminal portion is
`
`inserted (see [0017]). The cover member of Okada is separate from the case (sheathing material 4) as
`
`the instant cover (cover member 40) in the instant figures. It would have been obvious to one of
`
`ordinary skill in the art as of the effective filing date of the claimed invention to modify the battery
`
`taught by Sasakawa to include the cover structure taught by Okawa in order to structurally support the
`
`casing material of the battery (see Okada [0003]-[0004]).
`
`Regarding Claim 4, Sasakawa further teaches that the first inner terminal portion and the
`
`second inner terminal portion are bent at substantially 90 degrees opposite to each other in the stacking
`
`direction of the stack-type battery (see annotated figure 13 above).
`
`Regarding Claim 5, Sasakawa does not teach that the first inner terminal portion and the second
`
`inner terminal portion are separated by a cut in a metal plate between the first inner terminal portion
`
`and the second inner terminal portion. However, Yamamura teaches a first inner terminal portion (first
`
`portion 114c and second portion 114d) and a second inner terminal portion (third portion 114e and
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`fourth portion 114f) that are separated by a cut in a metal plate between the first inner terminal portion
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 9
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`and the second inner terminal portion (the terminal portions, which are metal foils interpreted to read
`
`on the claimed metal plate, are separated by a slit 51, which is interpreted to read on the claimed cut). It
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`would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed
`
`invention that a cut would be used to separate the first inner terminal portion and the second inner
`
`terminal portion in order to maintain electrical contact with both terminal portions by using one piece
`
`and simply splitting the two terminal portions and bending them accordingly.
`
`Regarding Claim 6, as in Claim 5, Sasakawa does not teach that the first inner terminal portion
`
`and the second inner terminal portion are separated by a cut in a metal plate between them.
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`However, Yamamura further teaches that a width of the cut (slit $1) is a distance between the
`
`negative leads of the first electrode assembly block and the negative leads of the second electrode
`
`assembly block (interpreted to read on the portions of the current collector foils comprising the
`
`terminal, 114c and 114e, for example) of the stacked electrode assembly. The same would apply for the
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`positive leads (positive current collector foils 112, for example). It would have been obvious to one of
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`ordinary skill in the art as of the effective filing date of the claimed invention that the width of the slit
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`taught by Yamamura is the distance between the leads (current collector foils comprising the terminal)
`
`making up the terminal. Further, it would be obvious that the leads would utilize all available space,
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`therefore abutting the edges of the cut, in order to reduce the volume of the battery.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to MARY G HENSHAW whose telephone number is (571)272-8518. The examiner can
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`normally be reached on Monday-Friday from 10am-5pm EST.
`
`

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`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 10
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
`
`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Milton I. Cano can be reached on (313)446-4937. The fax phone number for the organization where this
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`application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be obtained
`
`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
`
`through Private PAIR only. For more information about the PAIR system, see https://ppair-
`
`my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact
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`USPTO Customer Service Representative or access to the automated information system, call 800-786-
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`9199 (IN USA OR CANADA) or 571-272-1000.
`
`/Mary 6 Henshaw/
`Examiner, Art Unit 1723
`
`/MILTON I CANO/
`
`Supervisory Patent Examiner
`Art Unit 1723
`
`